2015: INEC seeks power to disqualify candidates

The Independent National Electoral Commission (INEC) is seeking powers to disqualify candidates as from the 2015 general elections.

The commission also wants a 10-year ban for those found guilty of electoral offences.

It has asked for an amendment to Section 31 of the Electoral Act to impose a N1million fine on any party which fields an unqualified candidate.

Such parties may also be disqualified from participating in that particular election.

Although INEC acknowledged that it is enjoying financial autonomy, it made a strong case for full independence to shield it from interference.

The commission’s 19 proposals are contained in a document, which has been submitted to Chief Ike Ekweremadu, Chairman of the National Assembly’s Constitutional Review Committee, who is also the Deputy President of the Senate.

Top on the list of the proposals is INEC’s demand for powers to disqualify candidates, an issue which dominated the countdown to the 2007 poll.

The document reads in part: “With such decisions as Atiku Abubakar V INEC and the proviso to Section 31 of the amended Electoral Act, the commission has no right to prevent even an obviously unqualified or disqualified person from being on the ballot.

“For example, it cannot prevent an under-aged or foreign citizen from contesting the election, even when this is obvious from the documents submitted or even a person who admits that he presented a forged certificate to the commission if it seeks to disqualify such persons.

“This is not desirable. It (INEC) should be empowered to do so, (subject, of course, to judicial review), if there is a prima facie case shown from the documentation that the candidate is unqualified , after all, it is not only a management body, it is also a regulatory one and should have some powers in this regards, just like such bodies as the NDIC or Central Bank of Nigeria (CBN) (in revoking bank licences, approving bank director nominees etc) or NAFDAC (in sealing unregistered pharmaceutical premises or seizing bad/ expired drugs), Standard Organisation of Nigeria (SON), Nigerian Communications Commission (NCC) etc.

“In this regard, Part 1, Paragraph F, item 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999( as amended) dealing with the powers of the commission be further amended by inserting the clause “disqualify candidates who evidently do not satisfy the requirements for the position he /she is contesting for as provided in Sections 65, 66, 106, 107, 137, 177, and 182 of this constitution” immediately after clause (f) thereof.

“The commission shall notify the political party of the disqualification of its candidate and the grounds for the disqualification.”

On party primaries, INEC has asked for amendment of Section 87(9) of the Electoral Act, which would make it mandatory for all candidates to emerge through a free and fair democratic process.

It urged the National Assembly to endorse its proposed amendment to enable it to disqualify a political party with flawed and undemocratic primaries from fielding candidates for any of the said strand of poll.

INEC said: “To further promote internal democracy, the emergence of candidates for elections should be on a democratic basis. A variant of the provision in Section 87(9) of the Electoral Act (before amendment) should be reintroduced thus: ‘Where a political party fails to comply with the provision of the constitution or this Act in the conduct of the primaries or nomination of any candidate for election under this Act, its candidate shall not be included in the list of nominated candidates for the election.”

On indulgence by unqualified candidates to win election, INEC is proposing that once a court establishes such an infraction, there will be no fresh conduct of election for any affected seat or constituency or district.

The document said: “It suggested that subsection (6) of Section 31 be amended to make provision that where the Court finds that a candidate submitted by a political party did not meet the qualifications required for contesting the office, the court shall disqualify the candidate from contesting the election. Where, however, the person has been elected, the court shall order the person to vacate the office and the candidate with the second highest votes cast who has met Constitutional requirement for the post shall be declared elected. This suggestion is to avoid the waste of public funds to repeat election consequent upon removal of disqualified candidates.

The commission is also seeking a 10-year ban for electoral offenders or any person who commits party breaches.

The document added: “Any person convicted of an Electoral Offences (including registration offences, campaign finance breaches and breach of party finance provisions) should be disqualified for a period of 10 years from the date of conviction from contesting any election or holding any party position.

“Thus, be it enacted the clause ‘within a period of 10 years before the date of the election, he has been convicted of an electoral offence by a court or tribunal and inserted immediately after each of paragraph (d) of Sections 66, 107, 137, and 182 of the Constitution of the Federal Republic of Nigeria’.

But to deal with electoral malpractice, INEC is proposing an Electoral Offences Commission and Electoral Offences Tribunal.

The Commission, according to INEC, will have powers to investigate and prosecute breaches of electoral provisions, taking such tasks off the electoral body.

“It is not in doubt that electoral matters are by their nature sui generi, so also are breaches arising from relevant electoral provisions. There is therefore the need to establish an Electoral Offences Tribunal to guarantee timely prosecution of electoral offenders,” INEC wrote.

On pre-election disputes, INEC pleaded with the National Assembly to provide for a timeline to resolve such and rid the electoral process of distractions.

INEC said: “It is thus recommended that any action challenging the conduct of primaries by a political party shall be filed within 14 days of the accrual of the cause of action.

“In this regard, subsection (9) of Section 87 of the Electoral Act 2010(as amended) be further amended by including timeline within which a candidate shall seek redress.”

The electoral agency equally sought for full independence to be able to discharge its responsibilities without fear or favour.It praised the National Assembly for its 2010 amendments to the Constitution that made its expenditure a first line charge.

It said: “Furthermore, the Chairman and National Commissioners are required to be non-partisan (Section 156 and paragraph 14(2) (a) of 3rd Schedule). The amendment to Section 160(1) also empowered INEC to make its own rules and regulate its procedure without recourse to the President. However, a bit more can and should be done to strengthen its independence.

“Thus, the following amendments are proposed. The Commission is, like other named Federal bodies established by Section 153, not subject to the direction or control of any person or authority ‘in exercising its power to appoint or discipline its staff’. The National Population Commission (NPC) is, however, given additional independence in its operations in Section 158 (2). This should be the same with INEC. The independence of INEC should be constitutionally guaranteed in all its operations and its management and control of the electoral process, as was the case in Decree (now Act) 17 of 1998 which first established the Commission before the 1999 constitution. Thus, be it enacted a new subsection (3) to Section 158 providing as follows: “The Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person in all its operations.”

On Nigerians in the Diaspora, INEC has sought for amendment to Sections 77(2) and 117(2) to allow them to vote.

Earlier, in a letter, Jega said some of the proposed amendments are designed to strengthen the independence of the commission.

This is a welcome development it will sanitize our democracy and make it meaningful i hope the senate will consider it in time.

small pikin

by their fruits ye shall know them, no need for advert.

lucky

Prophet Evans ministrie pls i need ur email adress thanks.!!!!

http://THENATION Olusegun

THAT IS GOOD BY INEC.

Alex

They must also allow INEC to introduce electronic voting when and where it feels it is capable of doing so, without first having a recourse to the NASS or the Presidency. We are tired of waiting in queues for hours under the sun for voting documents to arrive on voting days, when with modern technology, 300 people can vote in 1 hour or less. INEC should stress it to NASS now that it is not compulsory for everyone to vote electronically if he/she is not comfortable doing so. It will be like the ATM – you either use it or go to the banking hall if you don’t want to.

Aristotle

Good suggestion, I love that but, are you sure we’re ripe for Electronic Voting, esp. with the high rate of illiteracy & epileptic power supply in the country?

tunde

INEC may be allowed to disqualify candidates however a clause should always be there to prevent victimization such that such candidates may contest their disqualification in court and up-turned if in-justified.

Sunny Akhigbe

Beautiful, fanciful proposals from INEC. I will advise that INEC tread softly on this matter of powers to disqualify candidates if it is desirous of conducting free and fair elections. How are we sure some politicians will not use INEC to undo their opponents? Absolute powers courrupts absolutely. The present INEC though headed by a good man has deficits in accountability and credibility. This proposal is good but INEC should concern itself now with perfecting the conduct of elections proper. With the present powers, proper screening of candidates should be done. Mechanisms should be put in place for verification of documents submitted by candidates. Why attempt to plant both feet on two adjacent islands when you have not mastered one?

kolade

@ tunde,I quite agree with.my is that whenever a law is to be enacted in nigeria,u can be very sure that the lacuna can always be much.hence, might thrive in the hands of evil ones.INEC is corrupt too.I hope when the law comes to stay,INEC won’t be used as a witch hunting spell.

Banky

A good proposal by Mr Jega nd his commission bt would d NASS accept all d full contents of d proposed documt bcos they nd their party lack internal democracy of selecting candidates. On d independence of INEC, My believ is, No independence of inec until d appointment of INEC chairman nd its commisioners vested in d hands of NJC nt in d hands of d executive arm of govt dat can influence d decision of d commision in its party’s favour.

Osuofia Nwezeigbo

Yes it is good to disqualify ppl like boko haram leader general mohamed bUhari, aTiku,Ciroma etc. They are not worthy to be town president not to talk of nigeria president, ndi ara.

sam

@banky have u forgotten that NJC is corrupt too, or have u forgotten Justice Salami’s case.

Coco-Bassey,Esu

good step but inec shld think of electronic election,giving of permanent voter cards and early planning and orientation of d electorate and absolute independent of inec. Seeking of power to disqualify canidate shld for now b invested on judiciary until d institution is well strngthen b4 it will b hijack by desperate politicians nd corrupt inec officials

Salvage

INEC cannot dictate who should stand for election.

What Jega should ask for is for the political parties to hence appoint the chairman and national commissioners of INEC. With this there will be no need for the NASS approval. There should be no residential state commissioners. Some of the grassroots functions of the INEC that cannot be easily subverted should be performed by a department at each Local Government Council office.

The Electoral Act has already prescribed the qualities required from candidates that contest election. It is the duty of the political parties to see that their candidates meet the requirement of the Electoral Act. INEC as a body can never and should never contemplate having the power to disqualify candidates.

It is the duty of INEC to only conduct free and fair election with the candidates that have been submitted to it. Who they are or their eligibility is not INEC business but that of the statutory and electoral laws. Jega should concentrate on the necessary and essentials and not dictatorship.

What awelcome development! If these laws had been in place since 1999, it would have clipped the wings of d PDP rogues and unscrupulous elements that strangulate Nigeria. Well, let us hope d National Assembly pass it into law because it is like a person who is scheming to arrest a thief but depends on d same thief on how to go about it. May God help us in this nation.

oyeleru oazis Adeyemi

Good structures for a better democratic community will it be,let’s wait for the reactions of the national assembly,being a good judge in ones case is a high test of sincerity.public interest should be given d chance,ca-ve-at!

Ike. Emma k.

I like the idear of disqualifying any candidate, which is not qualify but it should be on one condition: dat they (INEC) will and never allow politicians to influence them with something … Just for them (INEC) to disqualify a candidate, which is 100% qualify. And as amended clause to be inserted is that the disqualified candidate should seek redress in the law court if he/she know that he/she is qualified within a week or 2 . Thanks in anticipation. Long live INEC, long live NASS, long live NIGERIA. It shall be well.

kakagida

is a good suggestion

Ike. Emma k.

Another thing i would like to add as it concern INEC plea and to be inserted as amended clause is that any candidate who think that his/her election is rigged should be allowed to import forensic machine and experts and machine should be used in the law court by the experts in the prensence of of INEC officials, the laws and the witness of the two candidate or party and on time before the time given for the judgment ellapses.

TRUTH ONLY

Inec does and should not seek for such power at all, they are to conduct free,fair and credible election.My people this is PDP plan to disqualify those dat are going to give them good fight in 2015.

Kingsley Agbontaen

On the face of it, this is a good proposal coming from INEC. On the other hand, the fear is, the INEC may be used to disqualify candidates on the promptings of the ruling party. Strong candidates of opposition parties that threatens the ruling party could be stopped by INEC with the ruling party pulling the strings behind. We have got to tread carefully.

Ask me

Jonathan is a sap guy, he knows dat all his oponents have one bad nd corrupted past or the other and he need to stop dem.

http://www.gmail.com adelekewasiu

The idea is good but not in present nigeria, i think it is a strategy by the rulling party to deal with oppositions in the future elections. It is obvious tha INEc collided with PDP to rig last elections in favour of GEJ, the same INEC denied CPC that challenged the results access to ballot papers for forensic examinations to determine wether the results announced were lawful votes cast and not manupulated figures, It sought court injuction to stop the request and the rubber stamp judiciary granted it, which was against judicial (tribunal) preceedents.Same requests were granted in 2007 elections tribunal cases which granted LP (Mimiko Vs Agagu) access to ballot papers for forensic exams as well as ACN in osun state, without which there may be no Mimiko & Aregbe today.

So ,this same man wants to acquire power to determine who and who can contest elections without any check, i suggest INEC for now should leave such power because it will corrupt the system more and make mr. chairman a mini god, it should concentrate on pre-elections malpratices by parties, issue of campaigns finances,punishement for any INEC odfficials found wantinh including the chairman etc.

http://thomphoenix.tag Thomphoenix

Up INEC! But Giga have to specify the areas of disqualification. are you going to disqualify a HND,OND,SSCE holder or a physical challenge or someone whom his/her people had selected and hope on or will money speaks for qualification in INEC offices ???etc. please make this clear to the public.

Gagbee

Is a good idea,i wish the senate will pass this bill into law.please lets make Nigeria better

Gaskiya

IT IS NOT THESE LAWS THAT CAN MAKE NIGERIA BETTER, WILL JEGA REMAIN ON THAT SEAT FOREVER? What of in the event that a seriously corrupt man takes over, will he not bastardize these powers?